A hearing in a lawsuit filed by a Muskogee construction company was delayed Thursday afternoon.

Glover Construction Co. sued the city July 19 after the city gave an airport improvement contract to another company, despite Glover’s allegation that it was the low bidder on the project. The city alleges Glover was not the lowest “responsible” bidder.

The hearing was reset to Aug. 21 at 9 a.m. before Chief District Judge Bruce Sewell. City Attorney Park Medearis asked for the new hearing date because a witness for the city is on vacation and unavailable to testify.

In a related matter, Alan Patton was asking the court to set aside his subpoena to testify in the Glover hearing.

Patton had been subpoeaned and directed to bring records with him. But through attorney Tim Baker’s motion, Patton said he did not receive a subpoena for the Aug. 10 hearing until he arrived for work Aug. 9. Patton maintains that expecting him to be able to appear in court and bring records within that short time frame places an undue burden on him.

Patton’s motion also asks that he be awarded court costs and attorney fees. The decision to delay the hearing to Aug. 21, however, may make Patton’s request moot.

D.D. Hayes, a Muskogee attorney, represents Glover.

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